THE TRUTH ABOUT ARTICLE 370

Politicians have been talking endlessly about Article 370, but many Indians still do not understand what it practically means.

It was drafted by Gopalaswami Ayyangar, Minister without portfolio in the first Union Cabinet of Nehru who felt that JK was not yet ripe for integration. Sardar Patel was so livid with the provisions of Article 370 that he had resigned on this issue.

WHAT DOES ARTICLE 370 IMPLY?
———————-
The state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians

Unlike other State legislative Assemblies, J&K legislature has a six-year term.

Jammu & Kashmir has two flags; a separate State flag along with the National Flag.

Insulting of national symbols is not cognizable offence in Jammu & Kashmir.

Most of the laws except defence, foreign affairs, finance and communication, passed by Indian Parliament need to be approved by the State Government before they are made applicable in the State.

The citizens of J&K are governed by State-specific laws which come under the Constitution of Jammu and Kashmir, instead of those for the rest of India.

Under Article 370 the Indian Parliament cannot increase or reduce the borders of the State.

The Supreme Court has no jurisdiction in the State of Jammu & Kashmir.

The residents of J&K enjoy dual citizenship, but they could loose the J&K citizenship if they marry residents of other States.

If a woman marries a man in other Indian States, she loses her citizenship. Whereas if any woman marries a Pakistani, she will be entitled to have a citizenship of Jammu & Kashmir.

The Article also gives Pakistan’s citizens entitlement to Indian citizenship, if he marries a Kashmiri girl.

Majority of Indian laws including RTE, RTI and the writ of agencies like CBI, CAG are not applicable in J&K.

No outsider can purchase land in the State.

The Centre has no power to declare financial emergency under Article 360 in the State. It can declare emergency in the state only in case of war or external aggression.

This is what Ambedkar said about Article 370: “‘”You wish India should protect your borders, she should build roads in your area, she should supply you foodgrains, and Kashmir should get equal status as India. But Government of India should have only limited powers and Indian people should have no rights in Kashmir. To give consent to this proposal, would be a treacherous thing against the interests of India and I, as the Law Minister of India, will never do it.”

16 responses to “THE TRUTH ABOUT ARTICLE 370”

Now there is a realisation article 370 is to be abolished. But I do not think that in the near future any government will be able to do it. India will continue to a pay huge price for keeping Kashmir in its fold.

No self respecting nation/state will impose such an aberration on itself. This bizarre Article was Nehru’s way of appeasing his old friend Sheik Abdullah, Omar’s grandad to enable him to remain leader of J&K. In fact it is Article 370 which paved the way for Pakistani interference in Kashmir & continues to fan the flames of secession. Abrogate Article 370 immediately & encourage Indians from all over to buy land in Kashmir & settle there. Encourage all displaced Pandits to return through granting them free housing & agricultural lands & loans to start businesses. That should redress the imbalance in population there in favour of Indians who love their country.

The mighty catastrophe of megalomaniac Nehru- which BJP needs to rectify now.
The Status quo cannot go on.
1. Displaced Pandits need to be rehabilitated
2. Jammu, Ladhak must be separated from Muslim Kashmir
Hindus in India cannot remain passive all their life. Time for Hindus to take a stand
Give Modi all support to finish the job.

This is wrong information as article 370 was imposed by the then Maharaja of the state, Hari Singh. Article 370 is diluted to a large extent and is there for namesake. We don’t have duel citizenship but we are Indians.

I do not agree with such word. They know any Pakistani state have accepted such clause then why Indian should use such word and think to wrote when map is there accepted by lord of law that time UNO knows better position, any Indian can move here and there if public fund of India being used. Remember one can make fool some times not long . Now every one know billion trillion since independent have been spent and uncounted our brothers and sister have been humiliated only as they want to live in Indian constitution it has been proved by election and vote to save only the head of map.. So now scrap all ,and every one is allowed to live and let live to all Indian there. One rule for all only freedom of celebrating religious as we are freedom of expression education living life natural no dirty smell should be by any one other wise must book as enemy of country. BY OP Upadhyay

Remove/delete this article with immediate effect. It is anti National (India).
It was fool hardiness to have passed this article to start with but now at least
it could be deleted and J&K merged with India in all respects without any
distinction whatsoever . Every law of the Nation State should be made applicable to J&K in totality without any distinction and dilution. No special
status to be given to J&K; it is to be like any other state in India. It was foolish to have drafted this article 370; it has only brought responsibilities
on India without any responsibility on the State of J&K towards India. Will
BJP Govt now take step forward to get this draconian article deleted from
the constitution of India.

The problem is that ,if we try to remove 370, the Indian government would have renegotiate the terms with State of Jammu Kashmir.
Indians are making fools of themselves by fighting for borders which were created by Britishers.